• Title/Summary/Keyword: Archives Act

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A Study on Legal Issues Related to the Archives Management: Focused on Archives Act of China, Germany, Russia (영구기록물관리 법제도에 관한 연구 - 중국, 독일, 러시아를 중심으로 -)

  • Han, Hui-Jeong;Kim, Geon;Park, Tae-Yeon;Lee, Jung-eun;Youn, Eunha
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.30 no.2
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    • pp.211-243
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    • 2019
  • According to article 11 of the Public Records Management Act of Korea, metropolitan city, special self-governing city, province or special self-governing province should establish archival institutions for permanent preservation and management of records. As a result, the establishment and operation of archival institutions in Korea has been increase, but since it is still in the stage of introduction, the mission and role of these archives have not been specified by archives act. Therefore, we need to establish a proper legal basis to support it. To do this, it explores the archives act in China, Russia and Germany in terms of basic operational policy, collection and transfer of records, management of records, and service of records. As a result, the study presents some implications for the archives act for the management of archives in Korea.

Functions and Roles of Local Public Archives (「지방기록물관리기관」의 기능과 역할)

  • Gi, Su-gol
    • The Korean Journal of Archival Studies
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    • no.3
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    • pp.3-32
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    • 2001
  • In this paper, local public archives is referred to the public archives of provincial governments and metropolitan city governments as defined in the public Records Management Act. Under the Act, as professional archives, the local public archives preserves records designated as permanent preservation which the local government and its sub-agencies created or received to conduct public business. The Act also allows local public archives to establish an appropriate basic plan to manage its holdings as well as to oversight its sub-agencies. The Act stipulates that the local public archives are to be established in all provinces and metropolitan cities. The local public archives shall preserve archival heritage safely and utilize use of the recorded information as defined in the Article one of the Act. The local archives shall respect the principle of provenance. It is expected that the local archives shall strengthen local archival promotion campaigns which necessarily reflect unique local circumstances. However, as the Act just recommended the establishment of local public archives not to force as a mandatory procedure, it resulted in a flow of some confusions and misinterpretations. Despite the act was proclaimed two years ago, the local public archives are not yet established, not to mention that no preparatory works are on the way. To establish the local public archives effectively which meet local residents needs and demands, provincial governments and metropolitan city governments should proceed a well-prepared preparatory works plan considering the steps to transform them into the local public archives when they establish agency records centers. The first step in this process is to reach at a common consensus on the functions and roles of the local public archives which accommodates local residents needs and demands. Secondly, by analyzing the functions of archives to be established, an estimation of needed human resources, facilities, equipments, organization, budget appropriation, and local rules should be performed. Otherwise, the establishment of decent local archives is a far remote future. One of the methods to proceed this project systematically is to establish a local research institute for the local archives and cultural studies which would be put under the local university authority while consulting with local governments, local civil organizations, local historical and cultural societies. It is very undesirable to stress too much upon administrative efficiency when concerned parties discuss the functions and roles of the local public archives. They must keep in mind that when the functions to collect and use historically valuable records are active then administrative efficiency can be raised as well as accountability. Collecting and arranging historically valuable records is a short-cut way to promote accountability and develop local political culture. The local public archives is a valuable community historical center and an effective medium to facilitate historical speaking and writing among local people, something more than a simple public archives. Then our campaign for the establishment of local public archives can be a meaningful political cultural movement.

Analysis of Copyright Cases on Archives in National Archives of Korea(NAK) (국가기록원의 소장기록물 저작권 요청 사례 분석)

  • Kim, Joo Yeon;Choi, Jae Hwang
    • Journal of Korean Library and Information Science Society
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    • v.45 no.2
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    • pp.139-157
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    • 2014
  • The National Archives of Korea(NAK) has arranged and operated 'Guidelines on Operating Copyright for Archives' and 'Regulations on Operating Reference Room' to protect the copyright for archives. However, the Guidelines and the Regulations only provide application to the Copyright Act and principles on internal managing copyright without presenting copyright issues for each type of archives. Therefore, additional detailed guidelines have to be arranged for the users to access to copyright issues easily by presenting them the standards of judgement or principles on copyright issues for each type of the archives to facilitate the use of archives collected already. We also need to define the details on Copyright Act and Moral Rights Act to collect archives. This study is an prior analysis for that purpose. Lively discussion and way of operation in an aspect of the copyright in relation to private records should be sought in the future.

A Study on Legal Issues of Public Data Management as Records: Focused on Analysis of the Act on Provision and Use of Public Data (기록으로의 공공데이터 관리를 위한 제도적 고찰 - 『공공데이터의 제공 및 이용 활성화에 관한 법률』 분석을 중심으로 -)

  • Kim, You-Seung
    • Journal of Korean Society of Archives and Records Management
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    • v.14 no.1
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    • pp.53-73
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    • 2014
  • The study aims to analyze the Public Data Act and provide alternative strategies for public data management. It conducts an extensive literature review based on a multidisciplinary approach and discusses the terms, public data and synonyms from the Public Data Act, and other related laws while also studies and traces the history of related regulations. The significance of the Public Data Act is analyzed and the major contents of the Act are examined, particularly, the contents that describe relevant committees. As a result, the article discusses five issues: relation between regulations, ambiguity of decision-making standards, 'professionality of a public data supply officer, low quality of public data, and lack of records and archives management.

Localities and Local Archives Management (로컬리티와 지방기록관리)

  • Seol, Moon-Won
    • Journal of Korean Society of Archives and Records Management
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    • v.15 no.4
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    • pp.151-171
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    • 2015
  • The purpose of the study is to reformulate the roles of local archives, reflecting the new archival paradigm. Archives management of local authorities is different basically from that of central administration agencies. This paper analyses four stages of archival paradigm shifts in Western archival communities, and finds some implications for roles and responsibilities of local archives and local archivists. Finally, it suggests the directions of local archives management and revision of related articles in Public Records Management Act.

Searching for Laws and Systems to Revitalize Private Archives (민간 아카이브 활성화를 위한 법·제도 모색)

  • Sohn, Dong You
    • The Korean Journal of Archival Studies
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    • no.69
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    • pp.7-33
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    • 2021
  • From the beginning of the enactment and implementation of the Public Records Management Act, there has been a steady discussion on the establishment of local archives. Local archives include not only administrative records of local governments, but also private archives such as containing the lives of residents. Along with the academic discussion, there have been movements for local autonomy and decentralization. Currently, interest and discussion on private archiving are in the historical flow. In addition, private archiving has become a social concern because of the establishment of systems such as the Public Records Management Act and the Information Disclosure Act, the establishment of a digital environment, and the spread of the meaning and value of village community activities. There are several government agencies related to private archiving, and the grounds for performing their work are different, and there are many central administrative agencies to which they belong. Therefore, I propose that the National Archives take the lead and form a 'Consortium of Private archives Management Institutions'. The organization should promote first, cooperation of collection information and archives, second, coordination of tasks and functions between institutions, and third, establishment of a nationwide private archives management system. Now is our chance. Instead of reacting on an ad hoc basis, respond systematically with a long-term perspective.

A Study on the Use and Protection of Copyrights in Public Archives (공공기록물의 이용과 저작권보호에 관한 연구)

  • Si, Kwi-Sun
    • Journal of Korean Society of Archives and Records Management
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    • v.9 no.2
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    • pp.159-188
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    • 2009
  • In the midst of computerization and digitization of the archives, the way of use and the need of users to use the public archives has been changed and expanded. It draws concerned party's attention to the copyrights in the public archives and the protection of the copyrights of the public archives. This study examines the exiting copyright laws in Korea and some foreign countries, interprets the laws, and presents legal implications when the laws are applied to the public archives held in the National Archives of Korea(NAK). The public records are "literary works" and their copyrights are to be protected. Most of the public archives held in the NAK are also "creative works" which are the presentations of thoughts and feelings of the individuals, the records creators in the public agencies. The holder of the copyrights of the archives is not the NAK, but the agency which created the archives, such as the central government and local governments. To promote the use of public archives, we need to expand the public domain in the public records and archives and the fair use of the archives. To do this, I suggest to amend and complement the Copyrights Act, the Pubic Records/Archives Management Act, and the Opening Records in the Public Agencies Act(FOIA in Korea). The establishment of a coordinating body dealing the copyrights in pubic record and archives is strongly recommended. The coordinating body will provide guidelines on protecting copyrights and expand the fair use and the public domain of the public archives.

A Study of Public Records Management Act: Legal Status of the National Archives of Korea and Right to Know (『공공기록물 관리에 관한 법률』의 제정 의의와 개선방안 - 국가기록원의 위상과 국민의 알권리를 중심으로 -)

  • Kim, You-Seung
    • Journal of Korean Society of Archives and Records Management
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    • v.8 no.1
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    • pp.5-25
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    • 2008
  • This article reviews the current Public Records Management Act which revised in October 2006 and put in force in April 2007. Since Public Records Management Act has been enacted in 1999, the external development of record management is significant. The Road Map for Record Management Reform in 2005 and the Information Strategy Project in 2006 are prime examples. However, our legal system concerning record management is still posing a number of problems, ranging from issues about objects and definitions of record management to issues of access. These issues have been subject to serious critics from various stakeholders, including civil organizations and academics. The article analyses a legal status of the National Archives of Korea and issues concerning access to current and archival records. As a result of the discussion, the article provides alternative plans.

A Study on the Improvement Plan of the National Assembly Records Management System: Parliament Activity Records (국회기록물 관리 체제 개선 방안 연구: 국회 의정활동 기록물을 중심으로)

  • Choi, Hye Young;Lee, Seung-Il
    • Journal of Korean Society of Archives and Records Management
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    • v.19 no.3
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    • pp.97-121
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    • 2019
  • This study aims to provide alternative strategies by analyzing the current records management system of the National Assembly. The study also defines the concept of parliamentary activity records based on the analysis of the parliamentary organization and its work, and checks the status of such system through the National Assembly Archives and the Constitutional Memorial Hall. In addition, the study derives institutional problems of the National Assembly records management structure by examining the current law. Therefore, the study proposes the Act on the Management of National Assembly Records, referred to as the Special Act on the Records Management Act, as an improvement measure. Furthermore, the Act aims to establish an intermediate records management system in the National Assembly and transfer the collection function of the constitutional memorial to the National Assembly Archives for the integrated management of parliamentary activities records.

Challenges and Directions for Reforming Public Records and Archives Act in Korea (공공기록물법 개정을 위한 방향과 과제)

  • Hyun, Moonsoo
    • The Korean Journal of Archival Studies
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    • no.54
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    • pp.289-310
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    • 2017
  • This study aims to propose task areas which have to be discussed for reforming of the Public Records and Archives Act in Korea. For drawing the task areas, it analysed the pending issues mainly presented in the policy forums co-hosted by Korean Society of Archival Studies and Korean Association of Records Managers and Archivists, and examined researches providing tasks of revising of the law or rebuilding public records policies related in digital records management. The 4 task areas were identified, which were the exhaustive documentation of the public agencies' activities, the reexamination of the appraisal systems for public records and archives, the transition into the 2nd generation-digital records management, and the redefinition of roles and responsibilities of the records/archival institutions. Then it placed the issues into the 4 areas, and proposed some suggestions for further discussions in each tasks. Reminding that the task areas proposed in this study are not comprehensive, further suggestions and arguments will be expected for reforming the Public Records and Archives Act.